Here'a an interesting situation. Two single handers on a dead run on starboard to the leeward mark which has to be rounded to port, and the next leg is a beat. The inside boat is a Laser, and outside and keeping clear as they pass the mark is a Phantom. The Phantom wants to gybe to round the mark but both boats are hit by a gust and the Laser hangs on (scared to gybe). The boats come together with the Laser pushing a hole in the topsides of the Phantom just in front of the transom. The force of this impact pushes the Phantom into a gybe - which gybes the Laser. Both boats capsise and let several boats slip through on the inside.

Who's in the wrong? The Laser for not gybing when "able" or the Phantom who claims he kept clear?

Both, in my view. The Laser for not rounding the mark promptly and the phantom for failing to avoid a collision where serious damage occured (assuming the laser didn't alter course sharply to windward when the gust hit). Fear of capsize is not a reason not to gybe.

Interesting. I thought I agreed with Garry. However on closer inspection, I can't find anything in the rules that say you have to gybe promptly. The phrase "seamanlike rounding" used to be in the rules but no longer seems to be.

18.4 Gybing

When an inside overlapped right-of-way boat must gybe at a mark or obstruction to sail her proper course, until she gybes she shall sail no farther from the mark or obstruction than needed to sail that course.

Essentiall this means that the laser is in the wrong and is liable for the damage to the phantom (if damage occurs it is considered the fault of the right of way boat). However if the phantom was closer to the laser than the comined length of their booms (i.e.: the laser could finish its gybe before the phantom started its) then there is a case for the phantom not keeping clear.

IMHO if I was the phantom I would have tacked out early and snuck inside the laser, may loose a boatlengh on the pack but if far better than being stuck next to comeone who cant gybe (or wose as here!), especially if its just a club race .

I think Phil is correct. ISAF team racing casebook case H3 describes an almost identical situation (except the mark is taken to stbd). In that case L is NOT required to gybe and may take W beyond the mark to allow a team-mate to overtake. The casebook explains that is because RRS appendix D (team racing) deletes rule 18.4. The implication is that in fleet racing, L is required to gybe under 18.4.

The Laser is clearly in the wrong, the phantom had to give enough room for the laser to gybe round the mark, and the laser has to gybe as you have to take the natural course round the mark, and if to do this you have to gybe that is what you must do. The Phantom wouldnt be held responsible for the collision as by the sounds of things the laser was probably out of control and in that situation its hard to predict what the laser will do so imposible for you to perdict what sort of action to take to keep clear.

Prior to 1997, when the rules were changed and supposed to have made things easier, the situation was specifically catered for:

Rule 42.1(b) Room at marks and obstructions when overlapped. (1993 -1996 rules). "When an inside yacht, of two or more overlapped yachts, either on opposite tacks, or on the same tack without luffing rights, will have to gybe in order, most directly, to assume a proper course to the next mark, she shall gybe at the first reasonable opportunity".

It seems that the present rules are not so specific and we just have to rely on the current rule of 18.4, as Phil has said. Redback has stated that the Phantom was keeping clear but he has not said how far from the mark they were. They could have been 20 yards away, in very windy conditions. Provided the Phantom had given the Laser the room to complete the manouevre, then I, too, think that the Laser was in the wrong.

Prior to 1997, when the rules were changed and supposed to have made things easier,

The pre-1997 rules were clearer and better in many ways. Then they were made "simpler". Since then they have become steadily more complicated again to fix the things the "simple" rules left out. Some of the wording of recent changes is truly baffling.

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